HomeMy WebLinkAbout1963-0263 SUPREME COURT TOMPKINS COUNTY
- - - - - - - - - - - - - - - - - -x
In the Matter of. the Application
of
PHI KAPPA PSI ASSOCIATION PETITION
For Leave to Sell and Convey
Certain Real Property
- - - - - - - - - - - - - - - - - -x
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The petition of PHI KAPPA PSI ASSOCIATION respectfully
shows :
1 . That your petitioner is a membership corporation
duly organized and existing under the laws of the State of
New York. Its certificate of incorporation was filed on
December 14, 1889 .
2 . That the names and addresses of the officers and
trustees of the petitioner are set forth in Exhibit A hereto
affixed and made a part hereof ,
3 . That the objects and purposes of the petitioner,
as set forth in its certificate of incorporation, are: for
the purpose of carrying out more fully the objects for which
the Phi Kappa Psi Fraternity was founded, viz . moral, social
and intellectual culture of its members .
4. That the petitioner desires to sell and convey
certain real property owned by it and located at No . 312 Thurston
Avenue, in the City of Ithaca, County of Tompkins, State of New
York, under contract of sale, dated January 25, 1963, a copy
of which contract is hereto attached, marked Exhibit ''B'
and made a part hereof .
' � '� is ', :: ., •.
i .
5 . That the interests of the petitioner will be
promoted by the sale of the said real property and that the
following is a concise statement of the reasons therefor:
(a) The said real property has been owned by the
petitioner since 1915; and the petitioner has maintained thereon
a Chapter House for the use and enjoyment of members of the
Undergraduate Chapter of Phi Kappa Psi Fraternity at Cornell
University.
(b) Over the years since 1915, the physical condition
of the said Chapter House has progressively deteriorated; and
in September, 1959, the petitioner made application under the
Group Housing Plan of Cornell University, a copy of which plan
is hereto attached, marked Exhibit C, and made a part hereof,
and thereafter undertook to raise funds for the construction of
a new Chapter House under the said Group Housing Plan .
(c) Approximately $120,000.00 in cash and pledges is
now available for the construction of the proposed new Chapter
House; and this amount, together with a building loan from
Cornell University and the moneys to be realized from the sale
of the said real property under the said contract of sale,
dated January 25, 1963, will enable the petitioner to proceed
with the construction of the proposed new Chapter House .
6 . That the sale of the said real property under the
said contract of sale, dated January 25, 1963, has been duly
authorized by a vote of the majority of the trustees of the
petitioner at a meeting thereof duly called and held on December
1% 1962; and a true copy of the minutes of that meeting is
hereto attached marked Exhibit D, and made a part hereof .
-2-
n
7 . That the said real property is the only real
property owned by the petitioner; that the fair market value of
the personal property owned by the petitioner, including cash,
is $35,332 .20; that it has no debts or liabilities other than
an outstanding note in the amount of $11,500 .00; and that the
fair market value of the said real property to be sold is
$105, 000.00.
8 . That the moneys to be realized from the sale of the
said real property will be used to defray in part the costs of
construction of the proposed new Chapter House, as aforesaid .
9 . No prior application has been made for the relief
herein sought .
WHEREFORE, your petitioner respectfully requests leave
to sell and convey the said real property under the said con-
tract of sale, dated January 25, 1963, and that an order be
issued herein authorizing petitioner to sell the said real prop-
erty under the said contract of sale, dated January 25, 1963,
and to execute, acknowledge and deliver its deed conveying the
said real property in consummation of the said contract of sale,
dated January 25, 1963, and granting such other and further
relief in the premises as may be ,just and proper .
Dated: New York, N.Y.
March 27, 1963
PHI KAPPA PSI ASSOCIATION
By j �, �i �. IQCao-% President
For es D. S aw
Petitioner .
-3-
STATE OF NEW YORK )
ss:
COUNTY OF NEW YORK)
Forbes D. Shaw, being duly sworn, deposes and says
that he is the President of the petitioner, Phi Kappa Psi
Association, above named; that he has read and knows the
contents of the foregoing petition; that the same is true
of his own knowledge, except as to the matters therein stated
to be alleged on information andbelief and as to those matters
he believes it to be true .
That the reason why this verification is made by
deponent and not by the petitioner is because the petitioner
is a corporation and deponent is one of its officers, to wit,
its President .
}�s.�. J• �.a1.J"
Sworn to before me this
27th day of March, 1963 .
MARIE COCCHIARA, Notary Pudic
State at 1'17:•i `:•.;r, 11:u.03.0671925
Cu+;N,,t Lrunx Coarty
commission Expire; March 30, 1963
t
Exhibit A
OFFICERS and TRUSTEES
0
PHI KAPPA PSI ASSOCIATION
(1962-1963)
OFFICERS
President Forbes D. Shaw
17 New York Avenue
Prospect Park
White Plains, N.Y.
Vice President John Palmer
96 Sterling Avenue
White Plains, N.Y.
Treasurer Warren R. Bentley
116 DeWitt Shore Road
Syracuse, N. Y.
Secretary Thomas Gittins
Day Hall
Ithaca, N. Y.
TRUSTEES
W. D. Archibald William Dixon
110 Greenridge Ave . 1480 Brentwood Terrace
White Plains, N.Y. Plainfield, N.J.
H . C. Ballou E . W. Gumaer
Shearson, Hammill & Co . 52 Oliver Street
14 Wall Street Rochester, N.Y.
New York 5, N.Y.
E. C . Batchelar B. W. Hackstaff
Three Parkway Center S & M Schaefer Brewing Co .
815 Greentree Road 430 Kent Avenue
Pittsburgh 20, Pa. Brooklyn 11, N. Y.
Warren R. Bentley C . B. Hill
116 DeWitt Shore Road Mass . Mutual Life Ins .Co .
Syracuse, N.Y. 130 Forest Home Drive
Ithaca, N.Y.
Walter Bruska
Director of Development W. M. Hoyt
Day Hall 42 Maywood Road
Cornell University Darien
Ithaca, N.Y. Connecticut
J. E. Dixon H. Stanley Krusen
202 S . Geneva Street Shearson, Hammill & Co .
Ithaca, N.Y. 14 Wall Street
New York 5, N. Y.
TRUSTEES (continued)
James Mitchell Forbes D. Shaw (President)
831 Indiana Road 522 Fifth Avenue
Glenview, Illinois New York 36, N.Y.
W. H. Middleton P. R. Thomas
347 Arch Lane Thomas & Thomas
Lake Forest, Illinois 202-204 Trust Co .Bldg.
Meadville, Pa.
John Palmer
96 Sterling Avenue J . W. Todd, Jr .
White Plains, N. Y. R. D. 1
Blackburn Road
William Recht Sewickley, Pa.
c/o William Recht Co .Inc .
50 Church Street L. W. Voight
New York, N.Y. 7423 Richland Manor Drive
Pittsburgh, Pa.
William A. Schreyer
Baldwin-Ehret-Hill Co . Frederic C . Wood
Bruenig Avenue Cat Rock Road
Trenton, New Jersey Cos Cob, Conn .
-2-
Exhibit B
j%aC t11- 25th uay _ _ Jar;aary, r:ineteen hunareo
and .31xty-•t::r:.eo bet i-.a 2
?MI KAP?!, PSI A&5OCIATIO?i, a czoc . c;t.ic corporation hrvir:g
its ,.rinclpal plao.. Cf c ral:res is the City of, Ithaca,
County Gf To,:rhti.: :tat.: of `a;r York,
descr.lLe,i �,; t-ho a�llcr, and
CE6TURY HOLDING CCIi?3£Ezf.E=Tr31d, a dorae:;tic corporatloo hav-
l;ig U,; princip-ol Oiacu of bLai:rus ir- tt,.� Villa a of
!'ood;rara, Count;; of Nassau, State 7f ..ari York, J
lxsrei::after dea::ribed ac th,. purchaocr,
that the sellCr wlgr¢os to se11 '--onvOy, a:;c the
purr:'.?aser agrees to purchaas, all that certal:; plot, piccu or
parcel of land, with the ouildloga and imt:roven,:nts theraon
reatcd, situate, lying and 'acing ii, the City of Ithaca, Count;;
of Tompkins, State of New York, at the inLara,�ctloci of Thurston
A'ver.u,. and Highia::d Av;er;ue at Cornell lielghts, and r::ore spr,cif-
ically described as followa:
zy1r:::inL at a;; iron pl , drlv,�!n 1;; the grou:.:} and
:,ort:, line oC t;r 1.j ft . driveway ;;astarly front
E . G. i-:y..tio, f'' u said pip:: being 4 .5 fact
southwmt from a h.ydrar:t, and 1c .5 feet north of th--�
north fac- of thy.; conur;3te' c:,rb of the driveway;
thence Bouth 130 c ' East eight (3) feet to the center
lire of saiu driv,3wa;;; thence north T7" 401 Last 18 .9
f er alo.-ir, the center line of the driveway to a poi:;t
eight (b) feet south of ari .iron pipe Set at the: ir.ter-
�;ection of the north llrrc of the driveway with the
center line of a:oLh::r driv:: leading norti-i to ily:!toff r s
r;arag,u thence South c:00 491 East 99 . 1 feet to an iror.
;:doe; t-henc-, at right angles to the right or, south
69b llr West, 1d,� .7 feet to the center Iir:•>_ o; the
driveway lcading northerly from Thurston, Ave , to
r:yokoffra mouse; t},c•ncc scrca:,:yrly or, a:z Las curvy
along the center line of said drive �4 about 1r; .0 1:
to the i;ortherly line of Thurston Av-i . , tho ;:nord of
sald dri•v,a being ,defined as E-utl- el'' :t9' East 114L .4
feet ; t"i_:;o`; rest• rly :long the northerly llrn. of
Thurston Ave . to the easterly line of Highla:d Elva . ;
the r, z n;>rtl:erl�- alo;:g t'::(! i a-- tsrly 11r;r- of saLd
111F.)lu-nd Am.. to the ac;urn *11--; of the atre^t known
a:; heightu Court; thence easterly aio:, ; the soutn Line
of Heights Court to an iro;; pine; thenca South 13c, 02 ,
East about feet to the pia c--, of bef;irn1nj;,
a'31r lotz YM ar,�! nWS', the --icrt;i part ,i_^ 1oi ;z3G and
1
' I
the triangular lot bounded by lots J/78 and #81 and
Highland Ave, as laid out on a map of the Cornell
Heights Land Corpany recorded in the County Clerk's
office of Tompkins County, together with a right of
way over the driveway now running from the house on
said property to Thurston Ave . and from the house to
Lodge Way and over Lodge Way (being the same prom-
ises conveyed by Edward 0. Wyckoff and wife to the
seller by dead dated August 31, 1915, and recorded
in the office of the Clerk of the County of Tompkins
In Liber 185 of Deeds at page 325);
and also all that certain plot, piece or parcel of land situate,
lying and being in the City of Ithaca, County of Tompkins, State
of New York, being part of the former Wyckoff property situate
on Cornell Heights, and more specifically described as follows:
Beginning at a point where the east line of lands
heretofore conveyed to the Phi Kappa Psi Associa-
tion intersects the south line of a driveway lead-
ing easterly from the Phi Kappa Psi Lodge; thence
south twenty (20) degrees forty nine (49) minutes
east, ninety nine and seven tenths (99.7 feet to
an iron pipe; thence at right angles to the right
or south sixty nine (69) degrees (21) minutes west,
one hundred twenty two and seven tenths (122 .7)
feet to the center of the driveway leading northerly
from Thurston Avenue to Phi Kappa Psi Lodge; thence
southerly on an easy curve along the center of said
drive about one hundred forty four and six tenths
(144.6) feet to the northerly line of Thurston Avenue,
the cord of said curve being defined as south twenty-
one (21) degrees thirty nine (39) minutes east, one
hundred forty one and four tenths (141 .4) feet;
thence easterly along the north line of Thurston
Avenue and along the north line of Wait Avenue to its
intersection with the west line of Lodge Way; thence
northerly along the West line of Lodge Way to its
intersection with the south line of the driveway
leading to the Phi Kappa Psi Lodge, and thence westerly
to the place of beginning. It being the intention to
convey all of the land bounded on the south by Thurston
and Wait Avenues; east by Lodge Way; north by the
driveway leading to Phi Kappa Psi Lodge and west by
lands of Phi Kappa Psi and the center of the driveway
leading from Thurston Avenue to said Lodge (being the
same premises conveyed by Edith C . Wyckoff, individ-
ually and as Executrix, and William 0. Wyckoff, as
Executor, to the seller by deed dated April 30, 1926,
and recorded in the Office of the Clerk of the County
of Tompkins in Liber 211 of Deeds at page 102);
It being the intention to convey all of the land owned by the sell-
er bounded on the south by Thurston and Wait Avenues, eaat by
Lodge Way, north by the driveway leading to Phi Kappa Pei Lodge,
the land of Phi Kappa Psi and Heights Court, and west b Highland
Avenue, together with all right, title and interest of the seller,
-2-
ar'-.j 1, id �;�Lnej, I.i ' h•. Left of an y 3tr4!ot-, ro:J .
avenrAe or driveway;, i:, front ui' or th•i ubovc. v,ascriond
u•eri �s, and .tll rlent, tl.tl.e :=tl i:iteretst of tho :,alhrr in
and to all plwuu:! :';;, electric, flet=.ti: 6 ;,id I1Zhti!.g fixtures and
all other f lhturea !:.rd rsppur.ttiiuui ;trs there:.t:, out exclu6i:W. aII
fraternity and cor. .enorativo pla.quag, aigns and fixtures and -
slml.lar Sterns which shall remain that property of anfl riabject 're.
removal by the seller.
The prc.mises area sold and urla to be conveyed sub-
ject to the follow.in;.,; (1 ) zoning rt:�;ul,:tlons and vnzinnnaos of
the City of Ytea^a which are not violated by ericting etructuros;
(a) covgntuita, rest:rictionn ex4d (#Kyar,ants, if ally, contalliLld ir.
prior iEwta^wnents of rtmord, prov:idcd the eaune do not prohibit
th.e crreetion of a multi-family ap;irtment dwelling c.ontaiz4-' n4
cpproxLmately one hundred (IW) dwelling unite thereon; ( 3) any
stste of facta an &eeurate survey may show, provlde;i the aeune
doze not render title urmiarko!tab.le; and ( .) the approval of the
s11F: by the tm—eme. Court of the Statts of N°err York, as reguisV•k.
ty ^ectlon 11 of the 'Hembership Corporations I,aw of the Sti-te
of New York .
It is also understood and agreed that the above-Jeacrtnt.t i pram-
isses are sold and are to be conveyed nubjoet to tht- ri6::t of
the present tenant of said j7remisea, t'.� w1t, th." Urtder,.;raduat!!
Chapter of rhi Kapra Psi Fraternity, after the clo,sin�; as liontic':-
a; ter ,provided anti pendin44 the construct to!: of a netr C'::::pt„r
hour r for aald Undergraduate Chapter, Jut 1n no dv'tent l tcr. tl:ur:
Fiobruary lg, IS641 to remain in pony-ooelon of si.vi nc.cup;;' tt.e
Nxlating bullding on said prtr!%oes !rnown a,.,u d--sig::uto-d a
" 31r ^.huraton Avenue" , including the right to o,:cup-r o..d uz,a the
�;cerieing area to this eaest of said biailditlg :.u,d the driveway
lrmedirttel,y adjoining the south ald,! r-T sai:i bulid7.n3i wit;:
-3-
full right of ingress and egress to and from said wilding at
all times over said driveway extending from the f'ro t of said
building easterly to Lodge Way and thence to Wait Avenue,
provided, however, that the seller shall, at all times during
the possessionany: occupancy of said building by s id Under-
graduate Chapter, be responsible for the care of said buildini;,
the payment of all water and other utility charges, and the
maintenance of existing Insurance coverage on and in respect
of said building for the benefit of the purchaser and the
seller, as their interest-, may appear .
The price is One Hundred Five Thousand ($105,000. 0) Dollars,
which the purchaser agrees to pay to the seller, Ea follows :
(1) One Thousand ($1,000.00) Dollars on the sign-
ing of this contract, by check subject o
collection, the receipt of which is her by
acknowledged by the seller;
(2) Four Thousand ($4,000.00) Dollars in ca h
or by good certified check, drawn by th
purchaser to the order of the seller, a d
payable within twenty (20) days after
receipt by the purchaser of a building
permit duly issued by the City of Ithaca,
authorizing the commencement of constr c-
tion on the above-described premises of a
multi-family apartment dwelling to con ain
at least one hundred (100) .dwelling un ts,
out in no event later than Apr3.1; 1, 1963;
(3) Seventy Thousand ($70,000.00) Dollars Jn cash
or by good certified check, drawn by the
-4-
pure::aser to t:le order of the seller, on
�eli,-ery of t:ie deed a:; hereinafter ,ro-
vided;
(ti) The oala::ce -3f eurca4se Jri-e i:.
the amou:,t of ^r. .-t;: Thou�.a:.0 (�30, 00C .UC)
Dol_ar;; oral_ Jr raid o;;- the ,:urchaaer or
it:; az;-ig:s, execl.tIng, ;,;•t;{„o-,,!ledSil:$ and
delivQrir:g to the seller, r.; delivary of
the Geed, a o :::c cr, at tFje c ,tio:; of the
purchaser,
sent-r, a note secured by a ,purct.ase
money mortgaga or. the above-described
premises . Sai.: uond or note and mortgage
shall bear interest at the rate of five
(5%.) per ce:<t per arinun, to oe com,,,utea
from tLe date of closirI6 hereunder and
to be payable t!i. s date tnree ( )) ra0.1ths
after s41G Gate and quarter-annually
thereafter; a:,G the orincloal thereof
shall ue ?aid within three (3) years from
the date fixed ie:ei: fur the closing of
title .
Any bond or note and m,3rtga„e to be giver. hereunder shall be
drawn on the standard New fork State forms for mortgages of like
lien, and snall be drawn by the attorney for the seller at the
expense of the purchaser, who shall also :gay the mort;;a6e
recording tax and recording fees and for ar:d affif to suc;i
instrume:its any and all .-avenue stamps that ma;r .)e :.,cessary .
It is understood avid agraeo that sai4 'purchase Honey Mccrt,;age
shall oe subordinate to the interim fits:;cin. lien: t:. be Flaced
on the above-described premises oy raa:::r cf :,ore -s t,- be
advanced to the purchaser under and pursuant to a ;uilding and
-5-
loan agreareat relative to th, construet_G % 2Y said multi-
family apartia:nt dwelling on said pr•�71ses, provided, hoiv?ver,
that the principal balanc•o Of said -urchese money r' )rtgage
shall be paid in full t;,er, ty.e purchaser shall have obtained
Its final a:hd per:aanent mortgaGe fi,:an ci nc for the: cl—mplated
-_tructu,2•9, = three (j-j years from the data fixea herein for
the clo sins of title, whiohevur sve%t .hall firs`: occur; and
in no event shall raid ,Yurch_-�e m:):;e;; taortra e be sub�isct and
subordinate to said :1nal and permanent mortZa';e . It is further
uodarstood and agreed that said mor't.;cge ah".1l not ...._Main t;-;
usu_l provic�_or. that no buildi::g or the premises shah Jte
removed or de-olished :•nit hout t•he cc nsent of the mert_agee,
provided, ho) aever , that the exiati:ids building on said premises
shall not be re^:;:vad, demolished or in an;; :•ray eltered prior. to
February 1„19=4, withoi;t the consent of thr. seller .
Taxes = said premises are to be apportioned, as of the date of
closing of title, on the br4si-, of the fiscal ,•ear for which
assessed . If the closinb' of title si;all occur before the tax
rate is fixed, the apportionment of taxes shall be upon the
basis of the tax rate for the next preceding year applied to t'.h.'.
latest assessed valuation .
The risk of loss of the existinG•.• buildir: , o:: said pri,.wises by
f1re, ator^%, ca.tastroph or other causes, until delivery -of' the
deed, is assu:aea by the seller, .i`:.. shall also �rsaintair; axistlr.;g
insurance coverage on said building after the closing of t•ltle
and during. t:� possession and occupancy f said tuilding `"y t +-
Undergraduate: Cha,:ter of Phi Kappa Pai Pratarn_t;;, as harei:n-
aoove provided .
T^e deed shall :ie the itsual bargain. and sale dae d with co'r,sr.ant
against grant.Dr '3 :act:; i- proper statutory short Porn for record
anu shall be duly executed, acknowledged, and have revenue
stamps in the proper amount affixed thereto by the seller, at
the seller ' s expense, so a:: to cD ilvey to the jpurenaUer the fee
simple of the Fi promisea , free of all except
as herein stated, an-' stall also -:.ontain the covena.:t required
b;; subdivision 5 of Sectio:i 1, .'f the Lian Law .
All sur,c paid on ecou _t of th'c contract, ar,u the reasonable
exl-enti::s :f t:e of t;.o title to saki pra.alses are
her'a!a mande lien'J t`;e Te O:':, tut ,iu0i, lia.-i s',all not .Continue
efLer ;cfault o the rurc:.l.;cr ur uer t'.1s ce:,tract .
In the event the purchaser shall oe unable on or oefore
April 1,1963, to cbtain a buildiniz permit authorizing the
commencement of conz true tion r tt.e above-des crib e-d premises
of a multi-famil;; apartment :gelling t: ecraai;. at least one
hundred (100) dwellinG units , as hereaoove provided, this con-
tract, at the opti_n of the ; urcht-ser, may �)e Canceled by
notice in writing delivered to the seller not later than
April 5, 1963, and upon the receipt cf such notice , the
seller shall forthwith refund to the purchaser the amount of
On-- Th uzand ($1 , 000,00) Dollars paid by t:ie ;;urcnaser in the
of t,;e c ,ntracc .
In the event that the seller is unable t., uo;.vey title in
Uccor-ance with the terms of this co: trwct, the cola liability
of the seller will be to refund to the purchaser the amounts
paid on account of the purchase price, and upon such refund
this contract shall be ecnsidered cancelled .
The deer: shall be delivered upon the receipt of said payments
and delivery of said bond or note and purchase money mortbaga
-7-
at tho okficas of Wl"ins, Tsapis, !Yalder & Freeman, Esg3 .,
308 North Ti ea Street, Ithaca, New York, st 2.00 o'clock P.M.
on June 151 1%3.
The parties agree that J. D. Oallagher Real Estate Co. , - of
Ithaca, Kew York, brought about this sale and the seller agrees
to pay the coamission under separate agrvemant with the broker .
It is understood and agreed that all understandings and agree-
nento heretofore had between the parties hereto a-re merged in
thin contract, which alone fully and completely exproseen the.' .,,
agreement, and that the :ruse is entere4 into after ^all investisa-
tion, neither party relying upon any statament or repro3sntation,
not embodied in this contract, made by the other. The purchaser
has inspected the buildings standing on said prenUses and Is
thoroughly acquainted with their condition= and upon the sign-
ing of this contract, the purchaser or Its agents shall nave
the right further to enter upon the above-described premises
and/or building for the purpose of :nailing murveys and tart
aorings and obtaining demolition. bide .
Thin agreeexent may not be changed or terminated orally. The
stipulations aforesaid am to apply to fuu: bind the hFirns exac-
utors, administrators, successors and asaigas of the respective
parties .
III WITNESS 14HIs=OF, this agreement x1a.3 been duly executed b;;
the parties hereto.
In presance oft
rHI },„PPA PSI ASSOCIATMO,
`:�i.z�'
C,slvi:Jf.S' HU;.:PIItO C�JFiP.
- Pras 1,155-it 1
1
t.
Exhibit C
As Amended
January 24, 1959
GROUP HOUSING PLAN
of
CORNELL UNIVERSITY
This Group Housing Plan was established October 25, 1952,
pursuant to authorization of the Board of Trustees on April 26 ,1952.
As used herein, the term "Plan" means this document with the
following forms annexed hereto: ( 1 ) Application; ( 2) Acceptance
by University; (3) Gift Subscription; and (4) Lease . When used
with reference to an approved applicant, the term means this Plan
and all specifications adopted pursuant thereto .
The purpose of the Plan is to help expand the present inade-
quate dormitory facilities of the University for its men and
women students and to afford the students the educational and social
advantages associated with group living.
The terms and conditions of the Plan governing the location,
construction, operation, leasing, and control of group housing
units, the approval of applications , the raising of funds, and
administration of the Plan are as set forth below and in the
accampanying forms .
1 , All applications shall be substantially in accordance
with the application form annexed hereto .
2. Applications shall be subject to approval by the Execu-
tive Committee and to written acceptance by the University in the
form annexed hereto .
3. Applications must be made by the organized group which is
sponsoring the project and is undertaking the fund raising and
also, where appropriate, by the undergraduate group which is to
occupy the housing unit if it differs from the sponsoring group .
4 . The University will have architectural plans prepared for
an appropriate house, including living room, dining room, kitchen,
study bedrooms , baths and an assembly room. Such plans shall be
sufficiently flexible in design to accommodate 25 to 45 men or
women, and permit variations in external treatment of walls and
roof lines to avoid too much uniformity in appearance . The costs
of the planq• will be equitably apportioned among the groups that
participate.; as part of the construction costs of any project
undertaken under this Plan, and charged against the funds raised
for the respective groups hereunder.
In the event that an approved group may desire to have a
house constructed before such plans shall have been developed,
_.A%A1.
2.
o_ for other reasons does not desire to use such plans , the
'University may have separate plans prepared for a house for such
tA group, to be paid for out of thb funds raised for such project .
Such plans shall be satisfactory to the group and the University.
5 . Any student or sponsoring group that proposes to undertake
a fund-raising campaign for the purpose of participating in the
Plan shall first obtain the approval of the University Trustees
through the Vice President-Business and the Director of Develop-
ment , Any such approved group shall endeavor to procure gifts
of funds to Cornell University to be used for the construction
of a ,group living house pursuant and subject to all the limita-
ciona of the Plan to house at least 25 students , with the ob-
jective of providing sufficient funds for the complete construction
of the house, including the full or pro rats, share of the archi-
tects ' charges and expenses , as the case may be, the installation
and connection of utilities , walks, driveways , landscaping, grad-
ing and seeding of the groundand the expenses of the University
and the applicant( s) in soliciting and raising the funds , which,
however, shall not exceed such sum as may be mutually a reed upon
:from time to time by the University and the applicant . Such
expenses shall include expenses incurred by the University Develop-
ment Office, together with reasonable costs of time and material,
and expenses incurred b the applicant(s ) . In addition, if the
applicant( s) so elect(s}y, the funds to be raised shall include the
cost of the furnishings and equipment for the house , which furnish-
ings and equipment shall be the property of the University. funds
deposited with the Treasurer of the University for projects under
this Plan may be invested with and as a part of the University'.s
investment pool and will oe credited with income each year until
used for the project at the same rate, if any, that the University
credits income to other capital funds which are subject to with-
drawal . The income so credited shall be added to the principal
of the fund.
The required funds shall be provided in cash or equiva-
lent satisfactory to the University within the prescribed fund-
raising period which shall be three years from the date of
acceptance of the application by the University Board of Trustees
or such period as the Board of Trustees may in its sole .judgment
deem warranted by unusual or extenuating circumstances . If the
required funds are not provided within such fund-raising period,
the funds on hand and subscribed shall then be available for use
by the University for its general dormitory program or for such
other University uses as the Board of Trustees in its sole dis-
cretion may determine, and any previous assignment of a site
shall terminate .
C . Subject to the provisions of section 5 above , the Uni-
versity will assign a site for the house and proceed with the con-
struction thereof, and at the appropriate time , the furnishing
and equipment thereof , whenever it shall have received the
3.
required funds, in cash or equivalent satisfactory to the Uni-
versity, as determined by it . The University may take whatever
steps it deems appropriate to estimate the costs, including ten-
tative assignment of a site and preparation of preliminary plans
and sketches , but, until the required funds are provided, the
University shall not be obligated to begin c,)nstruction or make
any commitments therefor. Such costs shall be charged to the
funds on hand. All assignments of sites made pursuant hereto are
subject to termination as provided in section 5 ab.)ve and the
University reserves the right to change any assignment of site at
any time except that it will not change an assignment after plans
have been prepared and fund-raising commenced without approval of
the applicant, and any change of assignment so made shall be
binding on' all contributors .
7 . Possession of the house will be given to applicant student
' group on the following conditions :
(a) Title to the land, buildings and other property pro-
vided under the Plan will unconditionally be and re-
main in the University.
(b) The student group shall have executed and delivered to
the University a lease substantially in the form annexed
hereto with such adaptations as are appropriate in the
circumstances and consistent with this Plan .
( c) Groups participating in this Plan must not have any
charter, by-law, or other controlling provision which
would violate the New York State Anti-Discrimination
Law.
(d) The University may recover the leased property upon
the happening of certain termination events set forth
in the lease .
B. All subscriptions, however payable, shall be made in
writing substantially in the Gift Subscription Form annexed hereto
and shall be signed by the subscriber.
Participating groups agree that in their fund raising
efforts , under no circumstances will they use any methods or liter-
ature which conflict with University projects, or which do not
comply with the Plan as approved by the Board of Trustees of the
University and by the Commissioner of Internal Revenue; and will
first clear all proposed plans and literature with the Director
of Development and the University Counsel .
4 .
The Board of Trustees expects that any group in its fund
raising efforts will not endeavor to persuade alumni to divert
their annual gifts from the University' s unrestricted annual
giving program; also, it is understood that contributions to this
fund will not be credited or listed in the Class totals in the
University' s unrestricted annual giving program.
9. The University reserves the right to withdraw this offer
at any time .
CORNELL UNIVERSITY.
5 .
GIFT SUBSCRIPTION FORM
"To Cornell University Dated :
Ithaca, New York
"In consideration of the approval by Cornell University of
as participant (s ) in its
Name s o rgan'fza on s
Group Housing Plan approved April 26, 1952, as amended January 24,
1959, and in consideration of the gifts of subscriptions of others
for the same purpose, I hereby subscribe the sum of $
Q For which my check is enclosed,
0 Payable in installments commencing on
the day oT 19 , and
at t end of every monnTFis there-
after 'until the total amount is paid,
to be used for the construction, furnishing and equipping of a
housing unit for the
(Student rgan zat on
and for other expenses in connection therewith including the
cost of raising the necessary funds pursuant and subject to the
provisions of the Plan. I understand that if required funds as
determined by the University shall not have 'Peen raised
within three years from , or
(Date of Acceptance of Anpilcationy
within any further extension of time granted by the University,
the amount of my' 'subacription shall become available for use by
the University for its general dormitory program, or for such
other University uses as the University ' s Board of Trustees in
its sole discretion may determine .
"This subscription is made with full knowledge of the terms
of the Plan.
Name
Address
6
APPLICATION FOR PARTICIPATION IN GROUP HOUSING PROGRAM
To the Board of Trustees Dated:
of Cornell University
Via Vice President-Business
Edmund Ezra Day Hall
'Ithaca, New Yprk
The undersigned Organization (s ) hereby request (s ) approval as
participant (s ) in the Group Housing Plan of the University aaopted
by its Board of Trustees on April 26, 1952, as amended January 24,
1959, subject to all the terms and conditions of that Plan, for the
purpose of providing a house for
ersigned Studentroue
The applicant (s ) agree (s) to abide by all the terms and
conditions of the Plan.
Applicant (B ) make (s ) the following elections under the Plan :
1 . Number of students to be accommodated.
(See paragraph 4 of the Plan. )
2 . Standard or separate architectural plans.
;.' (See paragraph 4 of the Plan. )
3. Furnishings and equipment included.
(See paragraph 5 of the Plan. )
4 . Limit of aggregate fund raising expense .
(See paragraph 5 of the Plan . )
The University agrees that if it accepts this application,
it will receive contributions for the construction of the group
housing unit herein contemplated and if desired for the furnish-
ing and equipment thereof, and will establish on its books the
Group Housing Fund and hold
e same for such purposes.
agrees that it will
(Name of Studentroue
execute and deliver a lease substantially in the lease form
annexed hereto with such adaptations as are appropriate in the
circumstances , consistent with the Plan.
7
IN WITNESS WHEREOF the applicants have caused this instrument
to be executed by their respective duly authorized officers the date
first above written.
Name of Sponsoring Organization)
By
Its
Name of' Student Group
By
Its
Approved by the Board of Trustees of Cornell University on
19 Accepted for Cornell Univer-
sity, dated 19
CORNELL UNIVERSITY
By
. Vice President for
University Development
8
GROUP HOUSE LEASE
THIS AGREEMENT, made this day of ,
19 , between CORN& EU UNIVERSITY, an educations corpora on
organrzed under the laws of the State of New York and having its
principal office at Ithaca, New York, hereinafter called the
'University", and ,
Name of Student Group
a corporation (or association) having its principal office at
hereinafter called "Tenant" .
WITNESSETH that
IN CONSIDERATION of the promises hereinafter set forth, the
University has agreed to let and hereby does let to the Tenant,
and the Tenant has agreed to take and hereby does take from the
University, Group House No, , situated at
an a plot of ground esori e
as follows:
for an indefinite term commencing on the day of ,
19 , and continuing until terminated as ere nafter provided; as
a residence for the student members of
(Chapter orGroup)
at the University.
This lease has been entered into under and pursuant to the
Cornell University Group Housing Plan approved April 26, 1952, as
amended January 24, 1959, and Tenants application thereunder ap.-_
rroved
The term proper y as used herein includes any furnishings and
equipment provided under the Plan.
9
As rental for the property, the Tenant agrees to pay the Uni-
versity a sum to be determined which will be sufficient to cover at
all times the following items:
A . The cost to the University of furnishing light, heat and
water to the premises;
B. A sum sufficient to permit the University to make all
structural and other necessary repairs to the real property;
C . The cost of providing sufficient fire and extended coverage
Insurance on the property in companies satisfactory to the
University;
D. An amount equal to any taxes or assessments that may be
properly assessed against the property;
E. The sum of $ per year in addition to the other
charges hereina ove provi ed for;
F . The cost of caring for the grounds, including grass
cutting, shrubbery, etc .
G . If the University provides the household furnishings and
equipment, a sum sufficient to permit the University to
maintain the same in good condition and repair and to
make necessary replacements thereof;
subject to the right of Tenant at its option and own expense to make
all repairs and replacements and perform all necessary maintenance
under clauses B, F and G to the satisfaction of the University and
with the understanding that such replacements under clauses B and G
shall be the property of the University .
If the Tenant shall request either of the following services
from the University, it shall pay as additional rent the cost to
the University of providing the same :
a. Janitorial and housekeeping services . It is understood
that Janitorial services shall include removal of snow
and ice. from the walks and driveways .
b. Operation of the dining service in the house .
In the event that the Tenant does not request Janitor and house-
keep12ig services to be furnished by the University, it is understood
and agreed that the Tenant will furnish such services at its expense
and will.provide for the removal of snow and ice from the walks and
driveways .
lo .
Rental payments herein provided for shall be paid at the Off.Lce
of the Treasurer of Cornell University on the first days of October
and February in each year in as nearly equal payments as may be
practicable .
'Phis letting is upon the following terms and conditions :
1 . The Tenant shall permit only students duly registered in
Cornell University to be regular residents of the house ,
except that a counselor, proctor, or house master, or a
person serving in a similar capacity selected for the prop-
erty by Cornell University, and cooks or household servants
may be regular residents of the house . This provision
shall not exclude the right of the Tenant to house alumni
and temporary guests for short stays .
2. So long as this letting is in force, the house hereby
leased shall be known as
House (or Hall) .
3 • The student occupants of the house shall have the right to
establish their own self-governing organization and machinery,
but it is understood and agreed that each individual student
and the group must comply with the general rules , regulations
and disciplinary measuree of the University applicable to
students .
4 . Whenever a student ceases to be entitled to attend, or remain
at, the University as a registered student because of expul-
sion, suspension, academic failure, or any other cause , the
Tenant shall not, commencing with the sixth day after such
cessation, house such person during such period except as
otherwise permitted under the last sentence of paragraph 1
aoove .
5 . The University shall have the same control over the property
and the individuals therein as it has over its general dor-
mitories and the students occupying them, including the right
to designate a counselor or advisor to live in the house under
the same terms and conditions as govern the counselors or
advisors in its general dormitories .
6 . In the event that the members of the Tenant student group
are not sufficient to fill the house in any given term, the
University shall have the right to assign other students to
rooms in such house, at rentals comparable to its dormitory
room rates , and such students shall be afforded the same
rights of occupancy and use of the premises as members of
the group, but such non-member students may be excluded from
any rituals or closed meetings of any fraternity or similar
organization. Rentals paid by such non-member students
shall be credited against the rent of the Tenant .
11
7 . In the event that Tenant student group shall disband, :;ease
to exist , or be ordered to disband by any governmental
action, or be abolished by any competent authority, in-
cluding the University, because of practices deemed by
the University prejudicial to its interests or to the in-
terests of the students, then the University shall have the
right to terminate this lease forthwith, repossess the pro-
perty, and to use this property for any other University
purpose; but if the Tenant student group should, in any of
the cases mentioned in this paragraph, reorganize sub-
stantially the same group of students under some other name
in accordance with the rules and regulations of the Univer-
sity and in such a way as to satisfy any government require-
ments and to eliminate or correct the reasons for which it
was ordered disbanded, then such reorganized group may again
exercise the privileges provided for in this lease if such
reorganization shall have taken place within one ( 1 ) year
after the termination of this lease as provided for in this
paragraph, and upon payment to the University of any amounts
due it hereunder from the Tenant, and the costs and expenses
suffered by the University due to such termination which it
shall not have recouped from other rentals or other use of
the property .
B. In addition to the provisions of paragraph 7 , if the Tenant
fails to meet its financial or contractual obligations pro-
vided for herein and such failure shall continue for a period
of one (1) year, the University shall have the right to ter-
minate this lease forthwith, to repossess and to use the
property for any other University purpose . Such termination
shall not relieve the Tenant of any existing indebtedness
to the University.
9. If in the future the general rules or policies of the Uni-
versity shall become inconsistent with the continuation of
this lease , or if such general policies shall require the
termination of this lease, or if the University shall re-
quire the property for a purpose other than the housing of
students, then the University may, without cause, terminate
this lease and take possession of the property.
10. The University reserves the right to establish and maintain
roadways and walks over the premises to such extent as it
deems necessary or appropriate for access to adjoining
areas of the University land and buildings now or hereafter
erected thereon.
11 . Tenant shall riot assign this lease nor sublet any part of
the property without the written consent of the University.
' , r
12
12. In the event the parties hereto cannot agree as to the
amounts to be paid for the various items of rental (which
are not automatically of a fixed amount) , or if there is
disagreement between the parties hereto as to the meaning
and effect of any of the provisions of this lease, then
the matter shall be submitted to arbitration, each side
to select one arbitrator and those two arbitrators to
select a third.
13. Tenant undertakes and agrees that upon termination of thi:
lease for any cause, it will surrender and deliver the
leased property to the University in good condition and
repair, and will be responsible for damage to the property
except for ordinary wear and tear and damage by the elements.
1N WITNESS WHEREOF the parties hereto have caused this instrument
Lo be executed by their duly authorized officers the day and year
i'irst above written .
(NAMEOF STUDENT GROUP
By
Its
cORNELL UNIVERSITY
By
Its
1
Exhibit C
♦. J
Exhibit D
Minutes of Special Meeting of Trustees
January 24, 1963
A Special Meeting of the Trustees of Phi Kappa Psi
Association was held at the Cornell Club of New York, 10T East
48th Street, New York, N.Y., on January 24, 19639 pursuant to
written notice, dated January 14, 1963, for the purpose of con-
sidering and taking action:
(1) upon a proposition to sell the real
property of the Association known as 312 Thurston
Avenue, Ithaca, New York; and
(2) upon a proposition to negotiate the
services of an architect to prepare plans for the
construction of a new Chapter House on the site
therefor under the Cornell University Group
Housing Plan.
The following Trustees were present: Forbes D.
Shaw, President of the Association, John Palmer, Vice President,
Warren R. Bentley, Treasurer, Walter Archibald, H. C. Ballou,
Walter Bruska, William Dixon, H. S. Krusen, E. W. Gumaer, Bruce
W. Hackstaff, William M. Hoyt and William Hecht; and the follow-
ing Trustees were absents E. C. Batchelar, J. E. Dixon, C. B. Hill,
W. H. Middleton, William A. Sohreyer, P. R. Thomas, J. W. Todd, Jr.,
L. W. Voight, F. C. Wood and J. Mitchell .
The meeting was called to order by the President at
5:15 P.M. Mr. Walter Bruska was appointed Acting Secretary
of the meeting in the absence of Secretary Thomas Glttins .
The President submitted to the meeting a proposed
contract for the sale to Century Holding Corp. of the Asnocia-
tion's property located at 312 Thurston Avenue, Ithaca, N.Y.,
for the price of $105,000.00. In this connection, the Pres-
ident also submitted to the meeting a letter, dated January 19,
1963, received from J. D. Gallagher Company, Ithaca real estate
brokerage firm, setting forth agreement and understanding for
payment of commission of $5,000.00 upon consummation of the
sale . Reference was made by the President to the various steps
taken over the past four or five years looking toward the con-
struction of a new Chapter House under the Group Housing Plan
of Cornell University, and to the necessity for prompt action
by the Trustees on the matter of the sale of the Association►s
property at 312 Thurston Avenue, and the engagement of a qual-
ified architect to proceed with building plans.
Exhibit D
After discussion, and on motion, duly made and seconded,
the following resolutions were adopted:
RESOLVED, that Phi Kappa Psi Association
sell and convey by bargain and sale deed to
Century Holding Corp. for the price of $105,000.00,
all of the Association's property located at
312 Thurston Avenue, Ithaca, N.Y. , in accordance
with .the terms and conditions set forth in the
proposed contract of sale submitted to the meet-
ing, 9' copy of which is annexed to these minutes;
and that Forbes D. Shaw, President of the Associa-
tion, and Thomas Gittins, Secretary of the Associa-
tion, be and they are hereby authorized and directed
to perform all such acts and to take all such proceed-
ings as may be necessary to effectuate and consummate
such sale; and
FURTHER RESOLVED, that Phi Kappa Psi Associa-
tion accepts the agreement and understanding for
the payment of commission of $5,000.00 to J. D.
Gallagher Company upon the consummation of such sale
in accordance with the terms and conditions set forth
in the letter of J. D. Gallagher Company,. dated
January 19, 1963s submitted to the meeting, a copy
of which is annexed to these minutes; and that
Forbes D. Shaw, President of the Association, be and
he hereby is authorized and directed to accept such
agreement and understanding on behalf of the Associa-
tion; and
FURTHER RESOLVED, that Forbes D. Shaw, Pres-
ident of the Association, and Walter Bruska, Trustee
of the Association, be and they hereby are author-
ized and directed to proceed forthwith, on behalf
of the Association, to select and engage the ser-
vices of a qualified architect to proceed with
building plans for a new Chapter House under the
Group Housing Plan of Cornell University.
Thereupon, the meeting was adjourned at
6;00 P.M.
Respectfully submitted
Walter G. Bruska
ActImS Secre rary
-2-
•.i
I
r
f
I
i
r i
�+ ro z z z
U U O `h N .mv °
i H N u
H --Oi u , y
H U U r m
C. p •ri y
x o ^ am 4j
y O ;Z� 6 cd � 0 ¢ � o 0
Cfl
H 4a W H 1—f R. HFq
< o` t
O O C() H O m S ■
.1 H F VI Pa W CQ Q i ° ? ° <
W a Pa w P4 m t = m
d o -P w � d ' won. z
z ¢ a� . x . w Z W
S W Y Pam, FY Q a F S
m
CY z N H o a
• a a � [ N ;o f
a s O Z p
a .i.�
1Ti. M. r N — ---------
At a Spe ial Term of the Supreme
Court of the State of New York,
held n and for the County of
Tompk ns, at the County Court
House in the City of Ithaca,
New Y rk, on the L day of
April 1963.
PRESENT:
HONORABLE ,
Justice .
- - - - - - - - - - - - - - - - -- -x
In the Matter of the Application
of
PHI KAPPA PSI ASSOCIATION ORDER
For Leave to Sell and Convey
Certain Real Property
- - - - - - - - - - - - - - - - - -x
On reading and filing the petition of Phi Kappa Psi
Association, a membership corporation , verified the 27th day of
March, 1963, wherefrom it appears to the satisfaction of this
Court that the interests of said core ration will be promoted
by the sale of its real property loca ed in the City of Ithaca,
County of Tompkins, State of New York, and described in the
contract of sale, dated January 25, 1 63, attached to said
petition as Exhibit "B" , for the sum f $105,000.00, as pro-
vided in the said contract of sale, d ted January 25, 1963;
NOW, on motion of Forbes D. haw, Esq . , attorney for
petitioner, it is
ORDERED, that Phi. Kappa Psi ssociation, a membership
corporation, be and it hereby is gran ed leave to sell its real
property located in the City of Ithac , County of Tompkins,
State of New York, and described in t e said contract of sale,
dated January 25, 1963, for the sum of $105, 000.00, as provided
in the said contract of sale, dated January 251 1963, and to
execute, acknowledge and deliver its deed conveying the said real
property in consummation of the said contract of sale, dated
January 25, 1963; and it is further
ORDERED, that the proceeds of the sale, as aforesaid,
shall be held and used to defray in part the cost of construction
of a new Chapter House for the Undergraduate Chapter of Phi
Kappa Psi Fraternity at Cornell University under the Group Hous-
ing Plan of said University.
ENTER,
JuBVIce o e Sup eme Co r
-2-
t
In�u:I t
1.. 1.
U
1.
\ I
Z
V U O N I O m W
u
\ cn H H �C EH-H o
H Rai H U
1 W O 10 ? UO z !
1 O += Q a) V.1 4 0 6
EH
O O co Vl Phi C�--1 Q cono z o 4 K
m Z p W O y 0.� R+ W s 3 w ^1
W " a mao - °� ' a w
w �x `
p, +� a 4-� ` a N p o Zm I
•`o F a) — -- n o u - o p -'--'--�
`t
1
a